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quality assurance, credentials, or similar committee, or any representative of any such committees.

Unfortunately, this definition does not fully clarify just what records are

subject to disclosure in a given situation. Obviously, persons seeking treatment or

care from a doctor or a hospital do not always obtain the result they hope for. Some

patients are not cured and operations are not always successful. Yet, not all of

these cases with unsuccessful outcomes involve the necessary medical negligence,

intentional misconduct or other act required for the incident to be characterized as

an "adverse medical incident." Without additional guidance, hospitals will often be

at a loss to know just what records should be produced and courts will become

embroiled in resolving these disputes on a case-by-case basis.

In section 381.028, Florida Statutes (2005), legislation was enacted to

implement Amendment 7 and to provide a logical answer. Section (7)(b)(1) reads

as follows:

Using the process provided in s. 395.0197, the health care facility shall be responsible for identifying records as records of an adverse medical incident, as defined in s. 25, Art. X of the State Constitution.

The application of section 395.0197(5), which pertains to the internal risk

management program which every licensed health facility is required to have,

would provide hospitals with clear guidance as to what records must be disclosed

to patients under Amendment 7. This is especially true because hospitals already


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